20 October 2015 · Committee
Glenedge, Glen Road, Laxey, Isle Of Man, IM4 7ap
This application sought permission to extend and convert the detached garage at Ballashalom, Glen Road, Laxey, into a separate dwelling, along with improvements to the vehicular access onto the highway. The site sits within the Laxey Conservation Area, with Ballashalom set back slightly from Glen Road and bordered by significant tree planting. The application was refused by the Department of Environment, Food and Agriculture. The officer had also recommended refusal, describing the proposal as inappropriate backland development. The formal refusal reason centred on the impact on the living conditions of those already residing at Ballashalom. Specifically, the proposed shared access and the changes to the existing garden arrangements that would follow from inserting a new dwelling were judged to create a sufficiently uncomfortable impact on neighbouring living conditions to make the proposal unacceptable.
The application was refused because the proposed shared access and altered garden arrangements for Ballashalom would create an uncomfortable impact on the living conditions of the existing residents. The committee determined this made the proposal unacceptable, in line with the officer's recommendation to refuse.
Refusal Reasons
General Policy 2
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 35
satisfactorily preserve that character and appearance in accordance with parts (b) and (c) of General Policy 2 and also Environment Policy 35
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Environment Policy 42
contrary to Environment Policy 42
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
